Breaches and Remedies. Executive acknowledges and agrees that in the event that Executive violates the undertakings set forth in Section 4 or 5 hereof, other than in an immaterial fashion, in addition to any other rights or remedies to which it may be entitled under law or this Agreement, the Company shall, except as prohibited by applicable law, cease making any severance or other payments hereunder and shall be entitled to enforce the provisions of Section 4 or 5 by injunction or other equitable relief, without having to prove irreparable harm or inadequacy of money damages.
Breaches and Remedies. 14.1 The occurrence of any of the following will be deemed to be a fundamental breach of the Agreement:
14.1.1 If the Tenant does not pay the Lease Fees within ten days from the date set forth in this Agreement for the payment thereof, after having received a warning of ten days from the Landlord for payment of the same, and has failed to make the payment.
14.1.2 If the Tenant does not make another payment applicable thereto under this Agreement, even after warning of 14 days from the Landlord for payment thereof, and has failed to make the payment.
14.1.3 A breach by any party hereto of its obligations under Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15 and 16 or any other fundamental breach mention in this agreement.
14.1.4 If a party breaches or does not fulfill any of its other obligations under this Agreement and does not remedy the breach within 14 days from the date on which it was given written warning to do so.
14.2 Upon the occurrence of one of the cases listed in this section above, the Landlord may, but is not required to, notify the Tenant of the termination of its lease right, in which case the Tenant will be required to vacate the Tenancy upon receipt of the aforesaid notice.
14.3 In the event of a fundamental breach of the Head Tenancy Agreement, by the Landlord only (for a reason dependent only on the Landlord or his behalf and in no way connected with a breach of the Tenant under this agreement), and which was not amended as required, it is hereby agreed that in such a case, the Tenant will be entitled to fulfill the Landlord’s obligations directly to the Owner (according to section 21.7 in the Head Tenancy agreement), and under such circumstances, the Head Tenancy Agreement and this Agreement will remain in force without the parties having any claims and/or demands against each other; provided that the Tenant shall pay the Rent only according to this Agreement, such that the Owner shall receive the rent according to the Head Tenancy Agreement and the balance will be paid to the Landlord.
14.4 It is hereby agreed that any lien, encumbrance or any other legal restriction on usability, that is imposed on the Tenant or the Landlord with respect to the Tenancy, the fixtures, equipment or furniture, that is not removed within 45 days by the encumbered party, shall constitute a fundamental breach of this agreement, and shall entitle the non-breaching party all rights and remedies available to it under this Agreement, including without lim...
Breaches and Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such Party, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy.
Breaches and Remedies. 9.1 The provisions of the Contracts (Remedies for Breach of Contractor) Law 5731–1970 and the provisions of the Contracts (General Part) Law 5733– 1973 shall apply to this Lease.
9.2 The parties agree that should any of the parties be in default by more than 14 days in respect of any of the payments whatsoever which it is obliged to effect hereunder, the other party shall be entitled to interest at the rate equivalent to the maximum interest rate prevailing at such time at Bank Leumi Ltd. with regard to unauthorized credit outside the normal credit framework, on sums in respect of which such party is in arrears, in addition to and without derogating from any other right vested in the other party hereunder and/or under any law.
9.3 In any event of the cancellation of the Lessee's rights hereunder, due to the Lessee's [sic] fundamental breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief of compensation, an injunction and a mandatory order.
9.4 In any event of the cancellation of the Lessee's rights pursuant to this Lease, due to the Lessee's [sic] breach thereof, the Lessor shall be entitled to any additional remedy vested in it by law on account of the breach, including the relief of compensation, an injunction and a mandatory order. Notwithstanding all the aforesaid herein and in addition thereto, in the event of the Lessee's breach on account of which the Lessee is evicted from the Object of the Lease before the expiration of the Term of the Tenancy, the Lessee shall be obliged to pay the Lessor, for the period from the date of the vacation until the expiration of the Term of the Tenancy, compensation at the rate equivalent to double the Rent applicable prior to the termination of the tenancy subject to the aforesaid in Section 3.1.4 and subject to the fact that if the Object of the Lease is leased to an alternative lessee pursuant to and subject to the provisions hereof, the Lessee shall only pay the difference in rent between the amount prescribed in the Lease and the rent due to be collected from the alternative lessee.
Breaches and Remedies. The Agreement will provide for adequate protections and remedies for the Parties against breach of the Agreement by any other party, with the termination of the Agreement being a remedy of last resort in the case of a major default.
Breaches and Remedies. In the event of a breach or a threatened breach by the Executive of this Agreement, the Company shall be entitled to a temporary restraining order and injunctive relief restraining the Executive from the commission of any breach, and (if the Company obtains such relief) to recover the Company’s attorneys’ fees, costs and expenses related to the breach. Nothing contained in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available to it for any breach or threatened breach, including, without limitation, the recovery of money damages, attorneys’ fees, and costs. The Executive and the Company shall construe each of the restrictions in this Agreement as independent of any other provisions in this Agreement, and the existence of any claim or cause of action, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of this Agreement. The Executive acknowledges and agrees that in the event that the Executive violates Section 4 or Section 5 hereof, in addition to any other rights or remedies to which it may be entitled under law or this Agreement, the Company shall, except as prohibited by applicable law, cease making any severance or other payments hereunder, shall be entitled to reimbursement from the Executive for any and all severance payments previously made to the Executive under this Agreement during the period of such violation and shall be entitled to enforce the provisions of Section 4 or Section 5 by injunction or other equitable relief, without having to prove irreparable harm or inadequacy of money damages.
Breaches and Remedies. If the State Recipient breaches the requirements of this Agreement or the applicable HOME Regulations DCA shall inform the State Recipient of the actions the State Recipient must take to correct the breach. DCA, at its sole discretion, may set the time period within which State Recipient shall cure the breach. Upon any material breach of this Agreement or the State Recipient’s failure to cure any other breach, DCA, at its sole discretion, may take any or all of the following actions: (1) immediately terminate or suspend this Agreement in accordance with 24 CFR 85.43; (2) disallow any further disbursement of CHIP funds; (3) require the State Recipient to repay to DCA all or any portion of the CHIP funds; (4) require the State Recipient to turn over all pertinent records and information relating to the State Recipient’s Program; (5) select another administrator to oversee the operation of the State Recipient’s Program; and (6) take any and all action in law, equity or otherwise which it deems necessary or advisable. The rights and remedies of DCA shall be cumulative. Any election of a right or remedy will not be deemed to be an election of that right or remedy to the exclusion of any other right or remedy. The rights and remedies available to DCA in the event of a suspension or termination of this Agreement will survive such suspension or termination. The State Recipient agrees to avoid conflicts of interest in accordance with DCA policy, State law, provisions outlined in 24 CFR 85.36 and 24 CFR 84.42, 24 CFR 92.356, and must follow instructions provided in the Procurement Policy Standards of the CHIP Administrative Manual and other written guidance provided by DCA. Further, State Recipient warrants and represents that no member, employee, officer, agent, consultant, or official of State Recipient, nor any member of their immediate family or business associates, during their tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or any proceeds or benefits arising there from. State Recipient has certified in its application to DCA that no such conflict exists and said certification is a covenant and warranty of this Agreement. State Recipient shall also require each Eligible Borrower to certify that no such conflict exists.
Breaches and Remedies. 15.1 The provisions of the Contracts Law (Remedies for Breach of Contract), 5731-1970 shall apply to a breach of this Agreement.
15.2 Without derogating from the provisions of Clause 15.1 above, in each of the cases mentioned below the Lessor will be entitled to cancel the Agreement and to demand immediate vacation of the Leased Premises:
15.2.1 Bankruptcy or liquidation proceedings are taken against the Lessee and have not been withdrawn within 60 (sixty) days.
15.2.2 A receiver is appointed for the Lessee and/or in respect of a material portion of its assets, and the appointment has not been set aside within 60 (sixty) days.
15.2.3 The Lessee has applied to the court with an application to stay proceedings against it, or with an application to reach an arrangement with creditors.
Breaches and Remedies. Where a party has breached any term of this Agreement, it shall be given, by notice in writing, an extension of 30 (thirty) days to cure the breach. Any breach which fails to be cured within 30 (thirty) days, shall become, from that date, a fundamental breach of this Agreement and shall vest in the aggrieved party, a right to all the remedies and relief wich are prescribed in this regard in the Contracts Law (Remedies for Breach of Contract), 5731-1970, including the right of enforcement.
Breaches and Remedies. In the event of a breach or a threatened breach by the Executive of Section 6 or Section 7 in this Agreement, the Company shall be entitled to a temporary restraining order and injunctive relief restraining the Executive from the commission of any breach, and (if the Company obtains such relief) to recover the Company's attorneys' fees, costs and expenses related to the breach. Nothing contained in this Agreement shall be construed as prohibiting the Company from pursuing any other remedies available to it for any breach or threatened breach, including, without limitation, the recovery of money damages, attorneys' fees, and costs. The restrictions in this Agreement shall each be construed as independent of any other provisions in this Agreement, and the existence of any claim or cause of action by the Executive against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of this Agreement. The Executive acknowledges and agrees that in the event that the Executive violates Section 6 or Section 7 hereof, in addition to any other rights or remedies to which it may be entitled under law or this Agreement, the Company shall, except as prohibited by applicable law, cease making any severance or other payments hereunder, shall be entitled to reimbursement from the Executive for any and all severance payments previously made to the Executive under this Agreement during the period of such violation and shall be entitled to enforce the provisions of Section 6 or Section 7 by injunction or other equitable relief, without having to prove irreparable harm or inadequacy of money damages.
